The West Virginia Supreme Court, in the case In re E.B., ruled today that the state Medicaid agency could only recoup Medicaid payments from that portion of a tort settlement representing payment for past medical expenses. Where a settlement is unallocated, and the parties can't agree, the trial court must hold an allocation hearing at which the state will bear the burden of proof regarding the portion of the settlement representing past medicals.

CCL’s Louis M. Bograd was lead appellate counsel for the plaintiffs.